If you are a small business employee and you notice, your paycheck is late, report this issue to your HR department. It could've been a clerical error sure to document the response from your HR department.
If they do not resolve the matter or if you they don't take the matter seriously and you believe you are being withheld your paycheck from your employer. Talk to an employment law lawyer today.
There are hundreds of thousands of small businesses spread out across America. To function and get the job done, these small businesses employ hundreds of workers.
If you are a small business employee and your paycheck is late, you need to know your state’s laws regarding pay frequency. There are state laws in place that require your employer to pay you within a specific timeframe. If your paycheck is late, it could be considered a kind of wage theft.
Every state sets its own laws regarding pay frequency. There are federal laws in place that establish federal minimum wage, overtime pay guidelines, and so forth.
Employers must abide by state and federal employment laws, and if an employer violates those laws, they can face harsh penalties. You can also recoup your lost wages and any damages you suffer because of a late paycheck.
Laws Regarding Late Paychecks
If your paycheck is late, you should act promptly. There is a statute of limitations for pursuing a claim against your employer.
You will need to gather supporting evidence and documentation, such as your employment contract, employee handbook, paystubs, timecards, and other work-related documentation that shows how much you should be paid and the frequency of pay dates.
If you are a small business employee, you will need to know your state’s late paycheck laws.
As an example, Nevada late paycheck laws require workers to get semi-monthly paychecks, but executive, administrative, and professional personnel can receive monthly paychecks.
Maine late paycheck laws indicate that paychecks are due at regular intervals no more than 16 days apart.
Massachusetts late paycheck laws allow semi-monthly and monthly pay dates under certain circumstances. Late paycheck laws in California and Michigan indicate that the frequency of the payday depends on the individual’s occupation.
Arizona late paycheck laws indicate two or more paydays are required per month, no more than 16 days apart.
Steps You Need to Take
If you are a small business employee and your paycheck is late, you will need to act promptly to recover your lost earnings.
Your first step will be to contact your employer and discuss the situation. It could have been an honest mistake or a technical error.
Be sure to keep copies of all your documentation, and you will need to maintain proof that you notified your employer of the late paycheck.
If it was just a mistake, your employer will work to promptly address the issue and ensure you are paid your wages. If your employer brushes you off or does not take your claim seriously, you could be facing a more serious problem.
If the matter is not resolved, you will need to contact your state’s Wage and Hour Division and provide copies of supporting documentation. They will speak with your employer and try to resolve the matter.
When the Wage and Hour Division is unsuccessful at resolving the late paycheck issue, they will suggest you take your claim to the next level and file a wage theft claim against your employer in court.
When the claim advances to court, a judge or a jury will determine the outcome and decide the value of your damages.
An employment law attorney will be able to help you through the wage theft claims process, gather evidence, and determine the best way to proceed with your claim against your employer after having a late paycheck as a small business employee.
Finding Help
If you are a small business employee whose paycheck is late, you will need to speak with an employment law attorney. An employment law attorney is will be able to determine how to advance with your claim and recoup your losses.
You do have limited time for pursuing a claim against your employer, so if you wait too long you cannot recover your losses. If you have a late paycheck as a small business employee, speak with an attorney right away.
When you meet with a lawyer, discuss payment options. Some lawyers will take cases on a contingency basis while others will require a retainer to be paid in advance.
To get your wage theft claim as a small business employee on track, get a free case evaluation today!
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